Ordinance 1765.
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ORDINANCE NO . 1 �6,�
AN ORDINANCE AMENDING ORDINANCE NO. 845
OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED "AN ORDINANCE PROVIDING FOR THE
CREATION AND MA,INTENANCE OF A PENSION AND
RETIREMENT SYSTEM FOR CERTAIN EMPLOYEES
OF THE CITY OF MIAMI BEACH, FLORIDA,".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION l. That Section 5C of Ordinance No. 845 be
and the same is hereby amended to read
as follows :
"SECTION 5C.
.O1 Commencing as of November 5, 1968, Employee
Members who become eligib le for benefits
under Sections 5A.03, 5A.04, 5A,.08 or 5A.09
hereof shall be entitled upon retirement to a
Retirement Allowance which shall be two and one-
half (2-1/2) per cent of the final average monthly
earnings multiplied by the number of years of
Creditable Service not exceeding twenty-five (25)
plus two (2) per cent of such final average monthly
earnings multiplied by the number of years of
Creditable Service in excess of twenty-five (25),
provided that the Retirement Allowance shall not
exceed eighty (80) per cent of the final average
monthly earnings. In the event an Employee
Member retires on a service retirement allowance
prior to age fifty-five ( 55 ), he shall receive
a reduced retirement allowance which is the
actuarial equivalent of the retirement �allowance
beginning at age fifty-five (55). An Employee
Member retiring under the provisions of Section 5C
may convert his Retirement Allowance into a joint
allowance of equivalent actuarial value in
accordance with provisions of Section 5A hereof, as
if said Retirement Allowance were payab le under the
provisions of Section 5A, but subject to Section
SC.02.06.
.02 An Employee Member retiring under the provisions
of Section 5A.04 upon an application filed by
the Employee Member or the City Manager shall, if
he has five (5) or more years of Creditable Service
at the time of his retirement, . be entitled,
in lieu of an allowance under any other provision
of this Ordinance, to a Disability Retirement
Allowance determined in accordance with Subsection
5C.02.01 or 5C.02.02, whichever is applicable,
provided that, if the Employee Member is eligible
for service retiremerit at such time, the Retirement
A1lowance shall be no greater than he would receive
on service retirement.
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+;- OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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".O1 Unless the a.11owance payable to such Memb�r
is determined in accordance with Subsection
5C.02.02, a Non-Service Connected(Ordinary)
Disability Retirement Allowance shall be payable,
and the amount of such allowance payable from
the time of retirement until the earliest date
as of which the Employee Member �would have been
eligible for service retirement shall be computed
in accordance with SQction 5C.01 on the basis of
his final average monthly earnings and Creditable
Service at the time of his retirement, provided
that such allowance shall not be less than thirty
(30) per cent of the final average monthly earnings.
.02 If, in addition to any other required
certifications, the physical examiners shall
certify that the disability of the Employee Member
is the natural and proximate result of injuries
sustained in an accident which occurred in a
definite time and place while the Employee Member
was engaged in the actual performan:ce of his City
duties, a Service-Connected (Accidental) Disability
Retirement Allowance shall be payable, and the
amount of such allowance payable from the time of
retirement until the earliest date as of which the
Employee Member would have been eligib le for
service retirement shall be computed in accordance
with Section 5C.Ol on the basis of his final average
monthly earnings and Creditable Service at the time
of his retirement, provided that such allowance,
including any payments received under the Workmen's
Compensation Law, shall not be less than sixty-five
(65) per cent of the final average monthly earnings.
.03 During the period of his retirement on a
Disability Retirement Allowance in accordance
with Sub section 5C.02.01 or 5C.02.02, the Employee
Member shall be credited with Creditable Service
at the maximum rate of pay in effect at the time
of his retirement for the classification at which
he retired, and his Retirement Allowance shall be
recomputed as of the date on which he would have
been eligible for service retirement after consideration
of the Creditable Service granted for the time on
disability retirement and earnings assumed for such
time.
.04 As of the earliest date on which the Retirant
would have been eligible for service retirement
if he had not retired on account of disability, the
Retirant shall be entitled to a Retirement Allowance
computed in accordance with S�ction 5C.01 as though
he had retired for service on the basis of his final
average monthly earnings and Creditable Service as
of such date, provided that such allowance shall be
no greater than the Disability Retirement Allowance
payable prior to such date in accordance with
Subsection 5C.02.01 or 5C.02.02, whichever is
applicable.
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OFFICE OF CITY ATTORNEY -1130 WASHINGYON AVENUE - MIAMt BEACH, FLORIDA 33139
".05 Prior to the earliest date on which the Retirant
would have been eligible for service retirement
if he had not retired on account of disability,
annual earnings from employment shall not exceed an
amount which, when added to the payments received
by the Retirant as Disability Retirement Allowances,
would result in a combined income of one hundred
twenty-five (125) per cent of the maximum current
salary for the classification from which he was
retired if he is receiving a Service-Connected
(Accidental) Disability Retirement Allowance, or
in a combined income of one hundred (100) per cent
of the maximum current salary for the classification
from which he was retired if he is receiving a Non-
Service Connected (Ordinary) Disability Retirement
Allowance; otherwise payments of the Retirement
Allowance shall be withheld to the extent that the
combined income exceeds the maximum permissible
amount. The Employee Member must agree at the time
of his disability retirement, before any benefits
are paid under this section, to furnish annually,
before May 1 of each year, a copy of his Federal
Income Tax return for the prior year. When the
Retirant's combined income, consisting of earnings
from employment and Retirement Allowance payments,
exceeds the maximum permissible amount determined on
the basis of the maximum salary for his classification
as of January 1 of the prior year, future payments
of the Retirement Allowance shall be withheld until
the total amount with�eld equals the amount by.which
his combined income for the prior year exceeded the
maximum permissib le amount. Restrictions on earnings
shall not be applicable after the earliest date as
of which the Retirant would have been eligible for
service retirement if he had not retired on account
of disability.
.06 A,n Employee Member retiring on a Disability
Retirement Allowance under this Section 5C.02
may elect at the time of his retirement to conve� the
part of his allowance determined, in accordance with
procedures accepted by the Board, to be payab le for
life, without reduction on a subsequent date, to a
joint allowance of equivalent actuarial value in
accordance with the provisions of Section 5A hereof,
and the balance of the allowance shall be paid in
accordance with the provisions of this Ordinance
without modification on account of any election of
a joint allowance."
SECTION 2. That Section 5A.07 of Ordinance No. 845 be
and the same is hereby amended to read
as follows :
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OfFICE OP CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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".07 Final average annual earnings used in computing
benefits shall be the average of the two (2) highest
paid years; provided that, for the purpose of
computing benefits under this section, final average
annual earnings shall not exceed three (3) times the
average annual earnings of all Members of the S�rstem
for the preceding year, Final average monthly
earnings shall be one-twelfth (1/12 ) of f inal average
annual earnings. Creditable Service used in computing
benefits under this section shall be limited to a
m�imum of forty (40) years. Anything herein to the
contrary notwithstanding, benefits computed prior
to November 5, 1968 shall continue to be on the basis
of 'final average monthly earnings' as def ined in the
provisions of this section in effect prior to such
date. "
SECTION 3. That all ordinances, or parts of ordinances,
in conf lict herewith, be and the same are
hereby repealed.
SECTION 4. That this ordinance shall go into effect
immediately upon its passage and posting
as required by law.
PASSED and ADOPTED this 21 st day of May� 1969.
ATTEST :
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.�1.''i.:.. -.-'-"
ayor
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City Clerk and Finance Director
lst reading - May 12, 196g
2nd reading - May 12, 1g69
3rd reading - May 21, 196g
POSTED - May 22, 196g
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OffICE OP CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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STATE OF FLORIDA
COUNTY OF DADE:
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I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. � �65 entitled: "AN ORD I NANCE AMEND i NG ORD I NANCE N0. 845
� OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED 'AN ORDINANCE PROVIDING FOR THE
; CREATION AND MAINTENANCE OF A PENSION AND RETIREMENT SYSTEM FOR CERTAIN EMPLOYEES
� OF THE C I TY OF MIAMI BEACH, FLOR I DA"'.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City or� the 22nd day of Ma � 969
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and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 16th day of �u1y, 1g6g,
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City Clerk and Finance Director
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